A Dublin carer, who drove “10-15 meters” with her cousin on the bonnet of her car has avoided jail.
Sinead Kavanagh (37) of Bawnlea Green, Tallaght, pleaded guilty to one count of endangerment in respect of the incident which took place at an Apple Green fuel station.
Judge Martin Nolan heard that on the day in question the accused and her cousin, Erica Kavanagh, encountered each other at the fuel station at a time when they “weren’t getting on well”.
When Erica Kavanagh, the injured party in the case, felt she was “being videoed” by the accused she got out of her car and stood in front of Sinead Kavanagh’s car asking her to stop recording.
The injured party said that her cousin had told her she would “stick her to the bonnet, which the accused denies saying.
As Erica Kavanagh continued to stand in front of her cousin’s car with her hands on the bonnet, Sinead Kavanagh revved the engine at her and moved the car forward prompting the injured party to ask, “Are you really going to knock me down?”
As the car was edging forward while the injured party “kept shouting” at Sinead Kavanagh, the accused hit the accelerator causing her cousin to be thrown onto the bonnet “holding on for dear life,” the court heard.
CCTV shown to the court showed the accused leaving the petrol station by traveling down a slight incline onto the main road with Erica Kavanagh on the front of the car for a distance which the court heard was between 10 and 15 meters before the injured party “fell off” the car.
Seeing the CCTV, Judge Nolan said, “I get what happened.” The court rejected arguments from defending counsel, Keith Spencer that the injured party had “confronted” his client and was “spreading herself on the bonnet at one point.”
Mr. Spencer argued that his client denied “the verbals” (that she had made threats to knock down the accused), saying that this was not mentioned in the witness statement of another member of the family.
Judge Nolan said that it was “clear what occurred” and “whatever about the verbals doesn’t matter,”.
“She intentionally drove at another person and drove with a person on the bonnet,” he said.
The court also heard evidence of the injured party having suffered “soft tissue injuries” to her trunk.
The accused, a single mother and registered carer, has one previous conviction from 2019 for criminal damage.
Mr. Spencer argued that, although his client had not contacted Gardaí at the scene, she had phoned them when she returned home and informed them of the incident.
Spencer outlined how his client has a “very good work history” and acted as a volunteer at the Citywest centre and has had her “share of mental struggles”.
Judge Nolan remarked that “everybody has reasons for the way they act”, adding, “your client drove with a person on the bonnet.”
Mr. Spencer countered this saying that a third party had “kicked” his client’s car and that she had acted out of a “fight or flight” instinct.
Judge Nolan imposed a two year sentence which was suspended in full.